Industrial Property Act, 2012 (No. 1 of 2012).

This Act establishes the Industrial Property Office and the Industrial Property Tribunal and provides with respect to the protection of intellectual property in Namibia. “Industrial property” means patents, utility model certificates, industrial designs, and trademarks including certification trademarks and collective trademarks. As for patents, where the subject matter of a patent application is derived from or developed with biological resources or associated indigenous or traditional knowledge, the applicant must disclose in the application for a patent the country providing the resources or associated indigenous or traditional knowledge, from whom in the providing country they were obtained, and, as known after reasonable inquiry, the country of origin and any other information regarding the source or nature of the resources as may be prescribed. A “certification trade mark” includes a mark capable of distinguishing an indication on geographical origin of goods. Plants and animals other than micro-organisms and any essentially biological processes for the production of plants and animals other than non-biological and microbiological processes are excluded from patentability. Inventions the commercial exploitation of which would be contrary to public order or morality are excluded from patentability, except that an invention will not be so excluded merely because the exploitation thereof is prohibited by law. Public order or morality includes considerations relating to - (a) the patentability and protection of human, animal or plant life or health; or (b) the avoidance of serious harm to the environment.